POONAM DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. It is contended by the Counsel for the petitioner that the petitioner has got two minor children, one is infant of four months. It is further contended that there is an Office Memorandum dated 12.6.1997 issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) (which is at page No. 41 of the paper book) inter alia, stating that spouse should be posted at the same Station where the other spouse is working to enable them to lead a normal family life and look after the welfare of the children especially till the children are 10 years of age.

(2.) . Counsel for the petitioner has further contended that the petitioner has not availed die spouse posting in her 10 years service and is working at Hindon (Ghaziabad) w.e.f, 4.5.1998, and now she is transferred at Silchar (Assam), husband of the petitioner is residing in Delhi.

(3.) . On the other hand Counsel for the respondents has contended that the Office Memorandum dated 12.6.1997 is not mandatory and the respondents are governed by their own policy which is placed at page Nos. 88 and 89 of the paper book. Counsel for the respondent has further placed reliance on paragraph 4 of the aforesaid letter which is to the following effect: